| Parliament name (generic / translated) |
Asamblea Legislativa Plurinacional / Plurinational Legislative Assembly |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Cámara de Diputados / Chamber of Deputies |
| Related chamber (for bicameral parliaments) |
Cámara de Senadores / Chamber of Senators
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the MPs take the oath |
| Validation of mandates |
· Validation by the Chamber of Deputies and, in the event of challenge or the emrecence of grounds for annulment, by the National Electoral Court (Art. 67, No. 1 of the Constitution of 02.02.1967, as amended up to and including 06.02.1995, Art. 196, and 247 (2) in connection with Art. 121 and 123 of the Electoral Law)
· Procedure (Art. 67, No. 1 of the Constitution, Art. 247 (4) of the Electoral Law) |
| End of the mandate |
· On the day when the legal term of the House ends (see Art. 60 (7) of the Constitution and Art. 127 of the Electoral Law) |
| Can MPs resign? |
Yes |
· Of their own free will (Art. 57 of the Constitution)
· Procedure (Rule 25 (1) (f) of the Rules of Debate of the Chamber of Deputies)
· Authority competent to accept the resignation (Rule 25 (3) of the Rules of Debate of the Chamber of Deputies): the resignation need not be accepted |
| Can MPs lose their mandate? |
Yes |
(a) Definitive exclusion from Parliament by the latter: definitive removal for misconduct (Art. 67, No. 4 of the Constitution, Rule 26 of the Rules of Debate of the Chamber of Deputies; see Code of conduct)
(b) Loss of mandate for incompatibilities (Rule 25 (1) (a) to (d) of the Rules of Debate of the Chamber of Deputies in connection with Art. 49, and Art. 54 and 67, No. 4 of the Constitution). Procedure (Rule 25 (2) and (3) of the Rules of Debate of the Chamber of Deputies).
(c) Loss of mandate because of opening of judicial proceedings or charging of an MP after waiver of immunity (Rule 25 (1) (e) of the Rules of Debate of the Chamber of Deputies). Procedure (Rule 25 (3) of the Rules of Debate of the Chamber of Deputies). |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Vice-Presidents (2)
3. The Secretaries (4)
4. The other MPs
· Outside Parliament: |
| Indemnities, facilities and services |
· Diplomatic or official passport
· Basic salary: BOB 20.800 + Sitting Allowance: BOB 1 per sitting
· No exemption from tax
· Private Pension Fund (AFP)
· Other facilities:
(a) Secretariat
(b) Assistants
(c) Official car for the President and the Vice-Presidents
(d) Security guards for the President and the Vice-Presidents
(e) Postal and telephone services
(f) Travel and transport
(g) Others: medical care, funeral costs |
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 51 of the Constitution, Rule 17 (a) and 27 (1) (c) (5) of the Rules of Debate of the Chamber of Deputies).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: offence or insult (see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate. |
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 52 of the Constitution).
· It applies to criminal and civil proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and, in civil matters, also from the requirement to give bond.
· No derogations are foreseen.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate, but for the suing and the requirement to give bond in civil matters only during a period beginning sixty days before the meeting of Congress and ending at the time the MP returns to his residence.
· Parliamentary immunity (inviolability) can be lifted (Art. 52 of the Constitution):
- Competent authority: the Chamber of Deputies
- Procedure (Art. 52 of the Constitution, Rule 27 of the Rules of Debate of the Chamber of Deputies). In this case, MPs can(not) be heard. They do (not) have means of appeal. |
| EXERCISE OF THE MANDATE |
| Training |
· There is neither a training/initiation process on parliamentary practices and procedures for MPs, nor a handbook of parliamentary procedure. |
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (Rule 20 of the Rules of Debate of the Chamber of Deputies).
· Penalties foreseen in case of lack of quorum (Rule 76 of the Rules of Debate of the Chamber of Deputies): publication of the names of those absent, proportional deduction of the monthly salary
· Body competent to judge such cases/to impose penalties: |
| Discipline |
· The rules governing discipline within Parliament are contained in Rule 86 of the Rules of Debate of the Chamber of Deputies.
· Disciplinary measures foreseen:
- Interruption (Rule 86 of the Rules of Debate of the Chamber of Deputies)
- Call to order (Rule 86 of the Rules of Debate of the Chamber of Deputies)
- Withdrawal of the floor for the rest of the sitting (Rule 86 of the Rules of Debate of the Chamber of Deputies)
· Specific cases:
- Offence or insult
· Competent body to judge such cases/to impose penalties:
- Interruption: any MP
- Call to order, withdrawal of the floor for the rest of the sitting: the President, after a decision of the Chamber of Deputies
· Procedure (Rule 86 of the Rules of Debate of the Chamber of Deputies) |
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 49, 54, and 67, No. 4 of the Constitution, Rules 25 (1) (a) to (d), (2) and (3), and 26 of the Rules of Debate of the Chamber of Deputies). For the declaration of personal assets, see Obligation to declare personal assets.
· Penalties foreseen for violation of the rules of conduct:
- Temporary removal (Art. 67, No. 4 of the Constitution, Rule 26 of the Rules of Debate of the Chamber of Deputies; misconduct)
- Definitive removal (Art. 67, No. 4 of the Constitution, Rule 26 of the Rules of Debate of the Chamber of Deputies; misconduct)
- Loss of mandate (Rule 25 (1) (a) to (d) of the Rules of Debate of the Chamber of Deputies in connection with Art. 49, and 54 and 67, No. 4 of the Constitution; incompatibilities)
· Competent body to judge such cases/to impose penalties:
- Temporary or definitive removal: the Chamber of Deputies
- Loss of mandate: the Chamber of Deputies or without any decision
· Procedure:
- Temporary or definitive removal (Art. 67, No. 4 of the Constitution, Rule 26 of the Rules of Debate of the Chamber of Deputies).
- Loss of mandate (Rule 25 (2) and (3) of the Rules of Debate of the Chamber of Deputies). |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
Compare data for parliamentary chambers in the Mandate module
